Make false instrument

Contact Armstrong Legal:
Sydney: (02) 9261 4555

The maximum penalty for the offence of make false instrument is ten years
imprisonment.

What court is likely to hear the matter

Where the value of the property charged exceeds $5000, this matter is a Table 1
offence which means that either the DPP or an accused can elect to have the matter
dealt with in the District Court. If no election is made it will be dealt with in the
Local Court.

Where the value of the property charged does not exceed $5000, this matter is a
Table 2 offence which means that the DPP can elect to have the matter dealt with in the
District Court. If no election is made it will be dealt with in the Local Court.

What the police must prove

In order for the police to prove their case at Court, they must prove each of the
following matters beyond a reasonable doubt.

The accused made a false instrument.

It was made with the intention that he or she, or another person, would use it to
induce another person:

(a) to accept the instrument as genuine, and
(b) because of that acceptance, to do or not do some act to that other person's, or to
another person's, prejudice.

It will be necessary for the police in every offence to prove that the accused was
the person who committed the offence.

Possible defences

Possible defences to this offence include but are not limited to

Duress

Necessity

Intoxication

The law

Section 300 of the Crimes Act states:

A person who makes a false instrument, with the intention that he or she, or
another person, will use it to induce another person:

(a) to accept the instrument as genuine, and
(b) because of that acceptance, to do or not do some act to that other person's, or to
another person's, prejudice,

is liable to imprisonment for 10 years.

A person who uses an instrument which is, and which the person knows to be,
false, with the intention of inducing another person:

(a) to accept the instrument as genuine, and
(b) because of that acceptance, to do or not do some act to that other person s, or to
another person s, prejudice,

is liable to imprisonment for 10 years.

where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.